THE African National Congress (ANC) will go to the Constitutional Court to fight not to pay more than R100 million in debt.
The ruling party said in a statement on Tuesday, 28 November, that it will appeal the decision of the Supreme Court of Appeal (SCA).
“Having studied the judgment the ANC is of the view that SCA did not consider new evidence which has emerged from a forensic report which reveals crucial evidence that makes it plain that there was no authorisation for the transactions in question, and certain implicated individuals mispresented their positions and authority,” said ANC spokeswoman Mahlengi Bhengu-Motsiri.
The SCA dismissed ANC’s case that it did not owe Ezulweni Investments millions of rands for unpaid services rendered in connection with the 2019 national elections campaign.
In its papers, the ANC said the so-called agreement between the party and Ezulweni Investments was a fraud.
But the Supreme Court of Appeal (SCA) ruled in favour of the Ezulweni.
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The SCA ruled: "The denials of the ANC fall into the category of bald, uncreditworthy denials designed to create fictitious disputes of fact. The version of the ANC accordingly does not raise bona fide factual disputes. It does not warrant the approach that the matter should have been decided on its version. On the contrary, the court of first instance and the full court were amply justified in basing their findings on the version of Ezulweni where the two versions conflicted."
Daily Sun reported on Monday, 27 November, that the company was considering a liquidation process against the ruling party.
Shafique Sarlie for Ezulweni said clients were considering seizing and selling assets belonging to the ANC to recoup R150 million owed to the company.
“The ANC is owing my client just over R102 million, but there is an interest factor that is calculated from May 2019. Now that could increase the payment fee to almost R150 million,” said Sarlie.
He said the company was looking at Luthuli House and ANC bank accounts as the assets that it could attach.
The KZN-based marketing company scored the contract to supply election posters and banners for the ANC, but it is yet to receive a cent four years later.
